UN Convention on the Rights of the Child

Nepal (CRC 08-07-2016)

The Committee considered the combined third to fifth periodic reports of Nepal (CRC/C/NPL/3-5) at its 2110th and 2111th meetings (see CRC/C/SR.2110 and 2111), held on 19 and 20 May 2016, and adopted the present concluding observations at its 2132nd meeting (see CRC/C/SR.2132), held on 3 June 2016.

Concluding observations

E. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Harmful practices

41. The Committee welcomes the positive steps taken by the State party towards the recognition of lesbian, gay, bisexual, transgender and intersex rights, including the reference to “gender and sexual minority” in the grounds for discrimination that are prohibited under article 18 of the new Constitution (right to equality) and the recent addition to identity documents of a third gender category recognizing genders other than “male” and “female”. However, the Committee remains concerned about:

(a) Lack of awareness of issues related to intersex children in Nepal and the high levels of stigma and discrimination faced by intersex children;

(b) Challenges faced by intersex children in accessing identity documents that correspond with the sex/gender identity of their choosing;

(c) Cases of medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which often entail irreversible consequences and can cause severe physical and psychological suffering, and the lack of redress and compensation in such cases.

42. The Committee recommends that the State party:

(a) Conduct awareness-raising campaigns to combat stigmatization of and discrimination against intersex children;

(b) Ensure that intersex children have access to identity documents that correspond with the sex/gender identity of their choosing;

(c) Ensure that no child is subjected to unnecessary medical or surgical treatment; guarantee bodily integrity, autonomy and self-determination to the children concerned; and provide families with intersex children with adequate counselling and support;

(d) Undertake investigations of incidents of surgical and other medical treatment of intersex children without informed consent and adopt legal provisions in order to provide redress to the victims of such treatment, including reparation and/or adequate compensation;

(e) Educate and train medical and psychological professionals on the range of sexual, and related biological and physical, diversity and on the consequences of unnecessary surgical and other medical interventions for intersex children.

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